The FDA is concerned these apps might be mistake prone and lead to misdiagnosis or inaccurate treatment. Understandable, says Stossel, but also unnecessary.

. . . the FDA basically says, "No, you just can't put something on your phone if it's a medical device. What if it doesn't work right? We have to approve it first."

That caution makes sense to people. Our first instinct is to say, "I don't want someone getting rich off a device that might not work right. It might kill me. I want the FDA to make sure everything is safe and effective."

But lawyer Jonathan Emord says our instinct is wrong.

"It is wrong because these regulations are costly, burdensome, and they prevent essential medical apps from getting into the marketplace," Emord said.

Emord's insights are worth weighing. In today's medical environment, rife with time constraints and cost consciousness, we need to empower physicians. Encouraging them to be innovative means they will better meet patient needs.